Ordinance 2009-04 ORDINANCE NO. 2009-04
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48 OF THE
CITY OF WYLIE, TEXAS, BY AMENDING ARTICLE 2, SECTION 2.5
(REGULATIONS APPLICABLE TO ALL DISTRICTS) AND ARTICLE
10, SECTION 10.2 (WORDS AND TERMS DEFINED); ALLOWING
FOR AND PROVIDING CERTAIN SAFEGUARDS RELATING TO
WIND-POWERED ELECTRICITY-GENERATING APPLIANCES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas ("Wylie") to amend Zoning Ordinance No. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY
AMENDING Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2
~Words and Terms Defined); and
WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to
establish zoning districts within the city limits; and
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WHEREAS, Wylie has complied with all notices and public hearings as required by law;
and
WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to
amend Zoning Ordinance No. 2001-48 OF THE CI'I'Y OF WYLIE, TEXAS, BY AMENDING Article 2,
Section 2.5 (Reg,ulations Applicable to all Districts) and Article 10, Section 102 ~Words and Terms
Defined , should be amended as set forth in Exhibit A(attached).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findin s Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Zoning Ordinance No. 2001-48 OF THE CITY OF WYLIE,
TEXAS, BY AMENDING Article 2, Section 2.5 ~Re~ulations Applicable to all Districts) and
Article 10, Section 10.2 (Words and Terms Defined). Amendment to Zoning Ordinance No. 2001-
48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2
(Words and Terms Defined), is hereby amended to read as shown in Exhibit A(attached):
SECTION 3: Savin sg /Repealing Clause: Wylie's Comprehensive Zoning Ordinance No.
2001-48, as amended, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby
repealed, but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
Ordinance No. 2009-04
ZC 2008-12
Amending Zoning Ordinance No. 2001-48
Article 2, Section 2.5
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
~ remain in full force and effect.
SECTION 4: Severabilitv: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Penaltv Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
~ WYLIE, TEXAS on this 2°d day of February, 2009.
Eric Hogu
OF
ATTESTED TO AND `r ~c~'
CORRECTLY RECORDED BY: ~
~
Carole Ehrlic City Secretary
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APPROVED AS TO FORM:
Abernathy, Roeder, Boyd & Joplin, P.C.
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Ordinance No. 2009-04
ZC 2008-12
Amending Zoning Ordinance No. 2001-48
Article 2, Section 2.5
EXHIBIT "A"
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SECTION 2.5 REGULATIONS APPLICABLE TO ALL DISTRICTS
A. APPLICABILITY
The regulations in this Section shall apply to all zoning districts in this ordinance, as
amended.
B. GENERAL
1. No land or structure shall be usedl nor intended for any use, other than those uses
permitted in the district where the land or structure is located.
2. No structure shall be erected, reconstructed, enlarged, structurally altered, or
moved in such a manner as to evade conformity with height, bulk, lot area, use
and other regulations for the district where the structure is located.
3. No yard provided adjacent to a structure for the purpose of complying with
provisions of this Zoning Ordinance, as amended, shall be considered as
providing any part of a yard for another building or structure on the same lot or
on an adjacent lot.
C. ACCESSORY STRUCTURES
l. Attached accessory structures shall conform to the regulations applicable to the
~ main building to which they are attached. Attached structures are defined as any
structure sharing a common roof with the primary structure.
2. Detached accessory structures shall be subject to all of the following regulations,
in addition to any other applicable regulations of this chapter. NOTE: Accessory
structures in AG/30 zoning districts directly associated with the support of a bona
fide private agricultural use of the property and those structures associated with
the private generation of electrical power have some differentiating requirements
which are noted under separate headings below as necessary.
a. Number of Structures:
(1) No more than two (2) accessory structures may be placed on any
residential or commercial lot.
(2) AG/30: The number of accessory structures that may be placed on an
AG/301ot is limited by lot coverage (see 4.b2.b).
b. Lot coverage:
(1) The combined floor area of all accessory structures shall not exceed
five (5) percent of lot coverage or sixty (60) percent of the primary
structure, whichever is less. In no case shall the combined area of
the primary structure and accessory structure(s) exceed the
maximum percentage of lot coverage allowed for the zoning district
on which the structures are placed.
(2) AG/30: Barns and/or stables shall be limited in area to ten (10)
percent of lot coverage.
EXHIBIT "A"
~ c. Setback Requirements:
(1) Street: Accessory structures shall not extend beyond a platted front,
side or rear building line adjacent to a street. If no building line
exists adjacent to a street on an approved plat, the structure shall not
be located closer than ten (10) feet from the property line.
(2) Easement: No accessory structure shall be located within any
easement.
(3) Front: Accessory structures shall not be located closer to the front
property line than the main building or the front yard setback
requirement for that zoning district, whichever is greater.
(4) Side: Accessory structure shall not be located closer than five (5) feet
to the side property line when the accessory structure is located
behind the main building. When the accessory structure is located in
the side yard, the setback for the accessory structure will be the same
as the setback requirement for the main building.
(5) Rear: When the accessory structure is a garage or carport with rear
access, the rear setback shall be a minimum of twenty (20) feet from
the property line. All other accessory structures shall not be located
closer than five (5) feet to the rear property line.
(6) Other Structures - Accessory structures, other than carports, shall not
be located within five (5) feet of any other structure.
(7) AG/30: Barns and/or stables shall not be located within fifty (50) feet
of any property line or dwelling.
d. Roof:
(1) The minimum roof slope for all accessory structure shall be 3:12,
unless the accessory structure is prefabricated, pre-finished, and
covers less then two (2) percent of the lot or is a carport.
(2) The color and materials of the roof of the accessory structure must
closely resemble the color and materials of the roof of the main
structure, unless the accessory structure is prefabricated, pre-
finished, and covers less then two (2) percent of the lot or is a
carport.
e. Exterior Walls:
(1) Accessory structure covering less than two (2) percent of the lot are
required to be constructed with exterior walls composed of inetal
with a baked-on enamel or vinyl finish, vinyl, wood structure that is
prefinished and prefabricated, composite masonry fa~ade, or the
same masonry content required of the main structure.
(2) Accessory structures covering more than two (2) percent of the lot
are required to be constructed with exterior walls composed of
composite masonry fa~ade material or the same masonry content
required of the main structure.
(3) AG/30: Barns and stables located on property zoned Agricultural
(AG/30) are exempt from the masonry requirement for exterior
walls.
(4) No pressure treated wood is pernutted as exterior finish.
EXHIBIT "A"
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f. Height:
(1) Accessory structures shall be limited to a height of not more than
fourteen (14) feet.
(2) AG/30: Accessory structures shall be limited to a height of not more
than twenty (20) feet.
g. Notes:
AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially
enclosed, or open air shall require a Specific Use Permit as provided in
section 5.4 "Special Use Pernuts" of this ordinance.
D. WIND POWERED SYSTEMS
Wind Powered Systems may exist only as a secondary use. A Wind Powered System
may not be erected on a lot until a primary structure has been constructed.
l. Size limitations
a. Wind powered systems will be limited to no more than 60 feet in total
height within Residential or Commercial districts and 100 feet in Industrial
districts.
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b. An applicant desiring to install a wind powered system greater than the
height limitations as specified by this ordinance shall be required to submit
application for a Specific Use Pernut in accordance with Section 5.4 of the
Zoning Ordinance.
c. Wind powered systems including windmills and/or wind turbines shall be
setback from all boundaries of any lot or habitable structure by a distance
equal to at least one hundred twenty-five percent (125%) of the tower's
height, as measured from average natural ground level, to the top of the
hub above such ground level.
d. Applicants wishing to install towers greater than those specified in
subsection b. above, must request a specific use permit in accordance with
Article 5, Section 5.4 of the Zoning ordinance.
2. Design Requirements
a. Wind Powered System shall be installed according to the manufacturer's
recommendations and under the seal of a professional engineer registered
by the State of Texas. Wet stamps are required for systems greater than
20kw.
b. All wind powered systems are limited to 60dB at any point along the
property line.
c. The tower shall be a monopole type without guy wires.
d. The color of all wind powered systems shall be non-reflective and of
~ neutral tones or of earth tones such as subdued green or brown. Grey,
including naturally darkening galvanized ~ey, is also an acceptable neutral
tone. Wind powered systems shall not be finished in bright or vivid colors
intended to draw attention to the structure.
EXHIBIT "A"
~ e. Multiple wind powered systems are allowed on any lot, provided they are
separated by a distance equal to at least the height of the tallest such tower,
as measured from average natural ground level to the highest point of the
wind blades' elevation above such ground level.
£ Lighting. All lighting not required by Federal Aviation Administration
(FAA) regulations is prohibited.
g. Signs. There shall be no signage on the tower structure or any rotor blade
other than those required by National Codes or Manufacturers
requirements.
h. Safety shutdown: The system must be equipped with both manual and
automatic controls to limit the rotational speed of the blades within the
design limit of the rotor and to shutdown during high wind speeds in
excess of 60 mph or in the event the grid shuts down.
3. Required Plans and Specifications
In addition to the submittals otherwise required upon making application for a
building permit, the application for a building permit for a Wind Powered System
must be accompanied by a site plan.
a. A site plan of the proposed Wind Powered System shall include:
(1) A survey or scaled drawing of the site on which the proposed
Wind Powered System will be constructed.
(2) The location of the Wind Powered System in regards to the
property on which the system will be constructed.
(3) All components of the system including the distance of the
system to the property lines; required setbacks; existing
structures on the site; natural features such as watercourse and
trees.
b. Elevation drawings shall include:
(1) The design and height of the proposed Wind Powered System;
(2) Detailed drawings of all system components.
4. Permitting Requirements
a. Small wind turbines must have been approved under the Emerging
Technologies program of the California Energy Commission or any other
small wind certification program recognized by the American Wind
Energy Association.
b. Compliance with Uniform Building Code: Building pernut applications
for wind systems shall be accompanied by standard drawings of the Wind
Powered System, including the tower, base and footings. An engineering
analysis of the tower showing compliance with the Uniform Building Code
or International Building Code and certified by a licensed professional
engineer registered by the State of Texas shall also be submitted. Wet
stamps shall be required for systems greater than 20kw.
c. Compliance with FAA Regulations: Wind Powered Systems must
comply with applicable FAA regulations, including any necessary
approvals for installations close to airports.
EXHIBIT "A"
d. Compliance with National Electric Code: Building pernut applications
for Wind Powered Systems shall be accompanied by a line drawing of the
electrical components in sufficient detail to allow for a deternunation that
the manner of the installation conforms to the National Electrical Code and
UL 1741.
e. Utility Notification: No Wind Powered System shall be installed until
evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator.
Off-grid systems shall be exempt from this requirement.
5. Maintenance and Abandonment
a. A property owner with a valid permit to operate a wind powered system
must submit to the Building Inspection Department every other year from
the date of original permit a letter prepared by a Professional Engineer
registered in the State of Texas, stating that the wind powered system
continues to meet current electrical and structural requirements as set forth
in this Ordinance.
b. A Wind Powered System that has become unstable, leans significantly out
of plumb, or that poses a danger of collapse shall be removed or brought
into repair within 60 days following notice by the Building Official to the
owner of the lot upon which the System is located. The Building Official
may order immediate repairs in the event of imminent collapse. Failure to
make the required repairs within the time provided is an offense.
c. If the owner of a Wind Powered System plans to abandon or discontinue,
or is required to discontinue, the operation of the System, the owner shall
notify the Building Official by certified U.S. mail of the proposed date of
abandonment or discontinuation. Such notice shall be given no less than
thirty (30) days prior to abandonment or discontinuation.
d. In the event that an owner fails to give such notice, the Wind Powered
System shall be considered abandoned if the Wind Powered System is not
operated for a continuous period of six (6) months.
(1) Upon abandonment or discontinuation of use, the property owner
shall physically remove the Wind Powered System within ninety
(90) days from the date of abandonment or discontinuation of
use.
(2) "Physically remove" includes, without limitation, the actual,
complete removal of the tower, turbine and all other components
of the Wind Powered System from the site of the original
installation.
EXHIBIT "A"
SECTION 10.2 WORDS AND TERMS DEFINED
Wind Powered System means a machine designed to convert kinetic energy in the wind to
mechanical or electrical energy, for the primary purpose of on-site use and not for resale or
transmission off-site. Wind energy conversion systems include a tower and all directly connected
facilities and associated control equipment, but not including any wired connections stemming
from the tower.
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~I)e ~'ar~nersbilCe ~imes • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
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STATE OF TEXAS ~ V~
COUNTY OF COLLIN ~
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of Wylie News, a newspaper regularly published in Collin County, Texas and having
general circulation in Collin County, Texas, who being by me duly sworn, deposed and says
that the foregoing attached
City of Wylie - Ordinance No.2009-04
was published in said newspaper on the following dates, to-wit:
February 11, 20
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of , 2009
to certify which witness my hand and seal of office.
. Notary Public nd for
The State of Texas
My commission expires ~
RECEIVED
MAR 0 2 2009
~4~~Y ~ Sonia A Duygan
F I N AN C~ a°, MY Commissipn Expres
r 09/02l2012
~ ~O'f ~
Murphy/Sachse/Wylie Office • I 10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farn~ersville, TX 75442 • 972-784-6397 • fa~c 972-782-7023
4~ February 11 - 12, 2009
r
ORDINANCE I~O.
2009-04
AN ORDINANCE OF
THE CITY OF
WYLIE, TEXAS,
AMENDING THE
COMPREHENSIVE
ZONING ORDI-
NANCE NO. 2001-48
OF THE CITY OF
WZ'L '~'EXAS, BY
AMEN NG ARTI-
CLE SECTION 2.5
(REGULATIONS
APPI,ICABLE TO
ALL DISTRICTS)
AND ARTICLE 10,
SECTION 10.2
(WORDS : AND
TERMS DEFII~IED);
ALLOWING FOR
AND PROVIDING
CERTAIN SAFE-
GUARDS RELATING
TO WIND-POW-
ERED ELECTRICI-
TY-GENERATING
APPLIANCES; PRO-
VIDIN~ FOR THE
REPEAL OF ALL
ORDINANCES' IN
CONFLICT; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
AND PI~tpVIDING
FC?R AN EFFECTIVE
DATE.
_
. _
Enc I~ogue,
M a y o r
ATTEST:
Carole Ehrlich,
~ity Secretary
39-1 t-339-431i